The 32nd Summer Olympic Games kicked off in Tokyo on July 23rd, 20021. By July 27th, 20021year, in just four days, the China delegation's first wave of Olympic gold medals "Jiugongge" had been assembled and went to Tokyo to cheer for China Olympic athletes. While congratulating the delegation of China, there are always some discordant notes.

On July 24th, 20021year, China Wang Luyao failed to advance to the final in the women's shooting 10 meter air rifle qualifying match of Tokyo Olympic Games, and Weibo was awarded after the game. "I'm sorry, ladies and gentlemen, I admit that I am timid. See you in three years. Then he was subjected to cyber violence, until Weibo was deleted, and major media outlets voiced their voices one after another.

Every athlete of the China delegation is first-class and excellent. Although winning the gold medal is the goal and pursuit of every Olympic athlete, it may even be the highlight of his life. But for those athletes who have not won the Olympic gold medal, they should be encouraged to come out as soon as possible and give warmth to their families. The braver they are, the braver they are. Instead of blindly accusing and complaining, even making personal attacks such as insults and malicious slander.

First, the legal responsibility of the infringer

The Internet is illegal. Malicious smearing, insulting and slandering, and verbal attacks on Olympic athletes have constituted infringement. In addition to violating civil laws such as the Civil Code, according to the severity of the infringement, it may also violate administrative laws such as the Public Security Administration Punishment Law, and even fall into the category of the Criminal Law. In short, the infringer who commits infringement should bear corresponding legal responsibilities.

1. Civil liability

According to Article 1024 of the Civil Code, civil subjects enjoy the right of reputation, and no organization or individual may infringe upon others' right of reputation by insulting or slandering others. The so-called reputation right is a social evaluation of the morality, reputation, talent and credit of civil subjects. According to Article 1025 of the General Principles of the Civil Law, if an actor conducts news reports and public opinion supervision for the public interest and affects the reputation of others, he shall not bear civil liability, unless he fabricates, distorts facts or uses insulting words to degrade the reputation of others. Therefore, the reputation rights of all Olympic athletes who represent China in the Tokyo Olympic Games are protected by law.

Any improper personal attack on Olympic athletes may infringe on their reputation, which is an infringement. According to Article 1 195 of the Civil Law, the infringer has the right to ask the network service provider to take necessary measures such as deleting, blocking and disconnecting the link, and also has the right to ask the infringer to bear civil responsibilities such as stopping the infringement, eliminating the influence, restoring the reputation and apologizing according to the specific situation and the actual situation of the infringement.

In judicial practice, the main problems about the application of the "notice-delete" rule to Internet service providers can be known from the case of Zheng Moumou v. a company in Beijing for infringing the right to disseminate works information on the Internet, which was published by Guangzhou Internet Court on June 202 1. When the "notification-deletion" rule applies to Internet service providers, it must be excluded first. Secondly, it is necessary to consider whether the notice issued by the obligee is qualified; Finally, it depends on whether the network service provider has taken timely measures matching its management ability to stop the infringement. This case has a positive role and typical reference significance for balancing the interests of obligees, network service providers and network users.

2. Administrative responsibility

For minor infringers, according to the provisions of Article 20 of the Administrative Measures for Security Protection of International Networking of Computer Information Networks (the State Council Decree No.588, implemented on 201kloc-0/65438 10/8), the infringers who maliciously slander and verbally attack others on the Internet shall be given a warning by the public security organs. If there is illegal income, the illegal income shall be confiscated and a personal fine of 5,000 yuan may be imposed. If the circumstances are serious, it can be punished by stopping networking and stopping for rectification within 6 months. If necessary, it can be suggested that the original issuing and approving authority revoke its business license or cancel its networking qualification.

If the circumstances are serious enough to constitute a violation of public security administration, those who openly insult others or fabricate facts to slander others according to the first paragraph of Article 42 of the Law on Public Security Administration Punishment shall be detained for not more than five days or fined not more than 500 yuan. If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Infringers may face administrative penalties such as fines or even detention.

3. Criminal responsibility

For those who have violated the relevant provisions of the Criminal Law, according to Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Defamation by Using Information Networks (implemented on September 65, 2065,438+03, 2065,438+00), those who abuse and intimidate others by using information networks, if the circumstances are bad and disturb social order, shall be in accordance with the first paragraph of Article 293 of the Criminal Law (. However, judging from the current situation found in this Olympic Games, it has not reached the level of criminal responsibility.

Second, the legal responsibility of the network platform

With the development of platform economy, "traffic is king" has gradually become everyone's knowledge, and the richness of network information content affects the development and competition between platforms. Many online platforms are drained in various ways, and individual platforms may attract the attention of the public through ingenious content, some of which inevitably constitute infringement and should bear corresponding legal responsibilities.

According to Article 4 of the Regulations on Ecological Governance of Internet Information Content issued by the National Network Information Office on February 5, 20 19, "Internet information content producers should abide by laws and regulations, follow public order and good customs, and must not harm national interests, public interests and the legitimate rights and interests of others." Article 6 of the Regulations further stipulates that "producers of online information content shall not produce, copy or publish information that insults or slanders others and infringes on their reputation, privacy and other legitimate rights and interests." Article 10 stipulates that the network information content service platform shall not disseminate the information specified in Article 6 of these Provisions.

According to Article 47 of the Network Security Law, "network operators should strengthen the management of information released by their users. When discovering information that is prohibited by laws and administrative regulations from being published and disseminated, it should immediately stop spreading, take measures such as elimination to prevent information from spreading, keep relevant records, and report to the relevant competent authorities. " Article 68 of the law stipulates that "if a network operator violates the provisions of Article 47 of this law, fails to stop transmitting information prohibited by laws and administrative regulations, fails to take measures such as elimination and keep relevant records, the relevant competent department shall order it to make corrections, give a warning and confiscate its illegal income; Those who refuse to make corrections or if the circumstances are serious may be fined from 100,000 yuan to 500,000 yuan, and may be ordered to suspend business, suspend business for rectification, close the website, revoke the relevant business license or revoke the business license, and the directly responsible person in charge and other directly responsible personnel may be fined from 10,000 yuan to 100,000 yuan. If an electronic information sending service provider or an application software downloading service provider fails to fulfill the safety management obligations stipulated in the second paragraph of Article 48 of this Law, they shall be punished in accordance with the provisions of the preceding paragraph. "

Thus, the network platform should review and supervise the information content published by network information publishers, and may face administrative penalties if it violates it.